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TOMPKINS v. STATE

No. 68870.

774 S.W.2d 195 (1987)

Phillip Daniel TOMPKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 7, 1987.

Attorney(s) appearing for the Case

Robert A. Jones, Larry D. Dowell, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and J. Sidney Crowley and Norma Davenport, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

Phillip Daniel Tompkins, hereinafter appellant, was convicted by a jury of intentionally causing the death of Mary D. Berry while in the course of committing or attempting to commit the offenses of robbery and kidnapping of Berry, which elevated the offense of murder to capital murder. See V.T.C.A., Penal Code, Section 19.03(a)(2). After the jury answered in the affirmative the special issues that were submitted to it pursuant to Art...

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